Q. What is succession?

A. Maori land is owned by either one owner, or by several owners. In some cases there are hundreds of owners for one block or title. When an owner dies, it is important to transfer his/her land interests to whoever is entitled to receive those interests. That process is called succession.

A. If a member of your family has died and you think they may have maori land interests, you can visit or contact your nearest Maori Land Court office to find out. You should have as much of the following information about the deceased as possible - all the deceased's names (including aliases and nicknames), parent's names (including mother's maiden name), brothers and sisters names, and if possible, the names of the lands in which the deceased may have had interests.

A. Except where there is a will, succession to Maori land is dealt with as set out in section 109 of the Te Ture Whenua Maori Act 1993:

• The surviving wife/husband is entitled to a life interest until he/she dies or remarries, provided there was no legal separation order in existence when the person died. This interest gives the spouse the right to income received only (rent, interests etc, but not the proceeds of sale of land or compensation for land taken). As soon as the life interest finishes (i.e. the wife/husband dies or remarries), the land interests go the successors. Another application needs to be made to the Court for that to occur.
• Subject to any spouse's interest (as above), the deceased's children are entitled to any interests in equal shares. Children legally adopted into the family are included but not children legally adopted out. Any recognised whangai children may also be included.
• If the deceased had no children, then their brothers and sisters are entitled. If there are no brothers and sisters, the Court will vest the interests in the closest next of kin.
  

Q. What is the status of de facto partners?

A. De facto partners have no status under the Act. The impact of the Property (Relationships) Amendment Act 2001 is not yet known.

A. No, you cannot apply for succession just for yourself, if you have brothers and sisters who may also be entitled to succeed you must include them in your succession application.

Q. How can a will affect succession?

A. If there is a will, the Court may follow what the will says when making a decision about who will get the land interests. Note there are exceptions to that:

• Where the deceased died before 1 July 1993, the will applies
• Where the deceased died between 1 July 1993 and 1 July 1994, the will applies as long as it was signed before 1 July 1993
• Where the deceased died after 1 July 1993 and the will was signed after 1 July 1993, the will applies only if it complies with the Act.
  

Q. How do you find out if there is a will?

A. Talk to the whanau first. If they don't know, find out if the deceased had a solicitor and ask them.

Q. How do I apply for succession?

A. You need to file an application for succession at the Maori Land Court. You will need to provide the following:

• Original death certificate or a certified copy
• Original will (or grant of administration) if there is one
• Fully completed application papers
• Application fee of $61.00
• Details of the deceased's whanau, that is parents, brothers, sisters and children.
  

Q. How much does it cost?

A. The application fee is $61.00. That is the only cost payable to the Maori Land Court. You may incur other costs obtaining copies of death certificates and if you have to consult a lawyer. You should discuss this with Court staff.

Q. What happens when I lodge my application?

A. The application is searched by Maori Land Court staff to obtain full details of the deceased's land interests. You will receive a copy of that search and will be advised by letter when you have to go to court. A court hearing will be arranged at the court venue closest to where the land is located or, if you prefer, closest to where you live. When you arrive at court, you will firstly speak to a Court officer who will confirm the details of your application. The Judge of the Court will then re-confirm those details in court. Following the court sitting, you will receive a copy of the court minutes, which is a record of the hearing. This is confirmation of what happened at the hearing

Q. Do I have to get a lawyer?

A. In most cases, you can complete succession yourself. You should discuss whether or not you need a lawyer with Court staff.

Q. What is probate?

A. When the High Court confirms the appointment of an executor to look after the affairs of a deceased person, the court's authority for that person to act is given in a grant of probate.

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April 2008